CCT136/17

[2018] ZACC 1

(2018) 39 ILJ 523 (CC)

[2018] 4 BLLR 323 (CC)

2018 (6) BCLR 686 (CC)

Mhlantla J

22 January 2018

http://hdl.handle.net/20.500.12144/34584

Application for leave to appeal against an order of the Labour Appeal Court: Zungu v Premier, Province of KwaZulu-Natal and Another (DA11/2015) [2017] ZALAC 26; (2017) 38 ILJ 1644 (LAC); [2017] 9 BLLR 949 (LAC) (16 May 2017). The case was previously heard in the Johannesburg Labour Court: Zungu v Premier of the Province of KwaZulu Natal and Another (D244/15) [2015] ZALCJHB 122 (14 April 2015).

Appeal from the Labour Appeal Court — costs — rule of practice that costs follow result does not apply in labour matters — law and fairness governs the awarding of costs — nothing in the present case meriting the award of costs — Labour Appeal Court and Labour Court did not exercise their discretion judicially — justice requires that cost orders be set aside and each party pay its own costs — appeal on costs upheld and set aside